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Salary vs Hourly? Michigan

09-14-2010, 05:56 PM

I just started a new job about 3 weeks ago, working as a service writer/manager for a small automotive shop in Midland, Michigan. When I went in for the interview, we went over everything my job included, from duties to responsibilities. In the owner's own words, I "am responsible to run the shop as he would when he's not there." However, the problem I am having is what he's trying to pay me. When I got the job and we talked about income, he asked me what I wanted. I told him I wanted $12 an hour. He said that was fine, but he didn't want to pay overtime so we calculated that I'd be working about 50 hours a week. We did the math and agreed on a $595 salary. It's hard enough to find a job out there that will guarantee overtime so I thought that I was in luck. Then labor day weekend came around. Thats when he told me I wasn't going to be paid for holdays. I told him I was salary and that he has to pay me salary regardless if there was a holiday or not. He told me that because I didn't work a full week that he was going to pay me my hourly wage that week. After about a full hour of arguing, finally I asked, "So you're basically paying me twelve dollars an hour or $595 a week, whichever is less?!" He told me that's exactly what he was doing. That blows me away! Isn't that completely illegal? He can't pay me only $595 a week if I put in 60 hours, then pay me $12 an hour if I only put in 41 because of a holiday. Then he tells me that if I don't accept that agreement, to not come in on monday because "he can't afford to pay me if the shop isn't open to take money in." Please enlighten me! This has to be illegal, right? I'm not greedy. I only want what is fair. If ya'll need anymore details, just ask.

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